THE BAN ON WEARING THE VEIL IN FRANCE FROM THE VIEWPOINT OF FUNDAMENTAL HUMAN RIGHTS: A PROTECTION OF HUMAN DIGNITY OR THE IMPOSITION OF CULTURAL IMPERIALISM?

Narciso Leandro Xavier Baez Mr., Center of Civil and Human Rights - University of Notre Dame - Indiana
Orides Mezzaroba Mr., Universidade Federal de Santa Catarina

Abstract

The aim of this article is to propose a new philosophical and legal approach to fundamental human rights that allows an interpreter to objectively evaluate individual cases in an attempt to differentiate cultural practices from violations of human dignity. The study begins with an analysis of the morphology of fundamental human rights and their relation to the basic dimension of human dignity, using this analysis to develop a new ethical concept of this category. The French government’s controversial ban on wearing the veil in public places will be used to demonstrate the ability of this definition to resolve concrete cases.